Charlton business owner hit with $75K fine for fuel spill

Friday

Apr 5, 2013 at 6:00 AMApr 5, 2013 at 10:14 AM

By Scott J. Croteau TELEGRAM & GAZETTE STAFF

In federal court Thursday in Boston, the owner of a Charlton welding company who failed to report a diesel fuel leak at his business that required an expensive cleanup by the state was fined $75,000 and ordered to serve a year of probation.

The sentence given to 43-year-old Larry McKissick II in U.S. District Court came after he pleaded guilty to a misdemeanor violation late last year of the Clean Water Act.

The charge stemmed from a June 2010 diesel fuel leak from Mr. McKissick's business — Charlton Welding & Repair into the Cady Brook and nearby wetlands. Authorities estimated 3,200 gallons of diesel fuel spilled into the brook from a storage tank at the 11 Griffin Road business in Charlton.

“I apologize for my actions regarding this incident,” Mr. McKissick said to U.S. District Court Magistrate Jennifer C. Boal. “Hopefully we can get through it and move on.”

Mr. McKissick will serve 4 months of probation in home detention. He must have an apology for his actions published in a newspaper at his own expense.

Federal records state Mr. McKissick did not notify any authorities when he responded to the leak and hosed off his property with water. Residents from a nearby condominium complex had reported a smell to police and fire officials, who discovered the source of the odor and leak.

The cleanup took six months and cost the state Department of Environmental Protection more than $680,000.

Mr. McKissick's lawyer, Martin E. Levin, said his client did not know the extent of the leak until much later and his client found the storage tank tampered with when he responded to the fuel smell at his business.

“This was an unfortunate incident,” Mr. Levin said.

As part of probation Mr. McKissick was ordered to undergo drug counseling, not gamble or go to casinos and not possess weapons.

Federal records show that Mr. McKissick called federal probation officials in March to notify them he used cocaine days before he had a drug test. Officials increased the frequency of his drug testing.